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Com(2010)459 En.Pdf EN EN EN EUROPEAN COMMISSION Brussels, 31.8.2010 COM(2010) 459 final 2010/0240 (NLE) Proposal for a COUNCIL REGULATION (EU) No …/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (presented jointly by the Commission and the High Representative of the EU for Foreign Affairs and Security Policy) EN EN EXPLANATORY MEMORANDUM (1) On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against Iran in order to comply with UN Security Council Resolution 1929 (2010) and accompanying measures as requested by the European Council in its Declaration of 17 June 2010. (2) These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology and equipment which might be used for internal repression, restrictions on trade in key equipment for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft. (3) The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures. (4) The restrictive measures concerning dual-use goods should be broadened to cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 goods and technology which are currently subject to prohibition should, however, remain subject to prohibition. It is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007. (5) A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations. A supplementary proposal for the list of key equipment and technology for the oil and natural gas industry referred to in Article 8 of the proposed Regulation, will be made under separate cover. (6) Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector. (7) Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment. (8) It is therefore necessary to amend and supplement Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran. For the sake of clarity, the Commission and the High Representative of the EU for Foreign Affairs and Security Policy propose to replace it by a new, consolidated Regulation. EN 2 EN 2010/0240 (NLE) Proposal for a COUNCIL REGULATION (EU) No …/2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof, Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP1, Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, Whereas: (1) On 26 July 2010, the Council approved Decision 2010/413/CFSP confirming the restrictive measures taken since 2007 and providing for additional restrictive measures against the Islamic Republic of Iran (hereinafter referred to as Iran) in order to comply with UN Security Council Resolution 1929 (2010) as well as accompanying measures as requested by the European Council in its Declaration of 17 June 2010. (2) These restrictive measures comprise in particular additional restrictions on trade in dual-use goods and technology as well as equipment which might be used for internal repression, restrictions on trade in key equipment and technology for, and on investment in, the Iranian oil and gas industry, restrictions on Iranian investment in the uranium mining and nuclear industry, restrictions on transfers of funds to and from Iran, restrictions concerning the Iranian banking sector, restrictions on Iran’s access to the insurance and bonds markets of the Union and restrictions on providing certain services to Iranian ships and cargo aircraft. (3) The Council also provided for additional categories of persons to be made subject to the freezing of funds and economic resources and certain other, technical amendments to existing measures. (4) The obligation to freeze economic resources of designated entities of the Islamic Republic of Iran Shipping Lines (IRISL) does not require the impounding or detention of vessels owned by such entities or the cargoes carried by them insofar as such cargoes belong to third parties, nor does it require the detention of the crew contracted by them, 1 OJ L 195, 27.7.2010, p. 39. EN 3 EN (5) These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, legislation at the level of the Union is necessary in order to implement them as far as the Union is concerned. (6) Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran2 as amended enacts the restrictive measures taken by the Union further to Common Position 2007/140/CFSP as amended3. For the sake of clarity, Regulation (EC) No 423/2007 should be repealed in its entirety and replaced by this Regulation. (7) The revised restrictive measures concerning dual-use goods should cover all goods and technology of Annex I to Regulation (EC) No 428/2009, with the exception of certain items in its Category 5. Category 5 items which relate to nuclear and missile technology and are currently subject to prohibition should, however, remain subject to prohibition. Moreover, it is also appropriate to impose a prohibition on some of the goods and technology which were previously subject to an export authorisation requirement under Article 3 of Regulation 423/2007. (8) A list of key goods and technology in the oil and gas sector should be provided in order to ensure effective implementation of restrictive measures by economic operators and customs administrations. (9) Restrictions on investment in the oil and gas sector should cover certain key activities, such as transmission services, in order to be effective, while for the same reason, the restrictions should apply to joint ventures as well as other forms of associations and cooperation in the oil and gas sector. (10) Effective restrictions on Iranian investment in the Union require that measures be taken to prohibit that natural or legal persons, entities and bodies subject to the jurisdiction of the Union enable or authorise such investment. (11) In order to ensure consistency with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing4, this Regulation follows the same definitions of the terms "financial institution" and "credit institution" as that Directive. (12) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to protection of personal data. This Regulation should be applied in accordance with those rights and principles. (13) Decision 2010/413/CFSP makes provision for a review procedure to be followed when a natural or legal person, entity or body is included in Annex I or Annex II to that Decision. The listing procedures for the purpose of freezing funds and economic resources under this Regulation should not duplicate these procedures. 2 OJ L 103, 20.4.2007, p. 1. 3 OJ L 61, 28.2.2007, p. 49. 4 OJ L 309, 25.11.2005, p. 15 EN 4 EN (14) For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with the Regulation, should be made public. Any processing of personal data of natural persons under this Regulation should respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data5 and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data6. (15) In order to ensure that the measures provided for in this
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